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In Paul v. Virginia, 75 U.S. 168 (1869), the court defined freedom of movement as "right of free ingress into other States, and egress from them." [1] However, the Supreme Court did not invest the federal government with the authority to protect freedom of movement. Under the "privileges and immunities" clause, this authority was given to the ...
The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. [ 1 ] It provides that state courts are bound by, and ...
The act required state and local law enforcement officials to conduct background checks on people attempting to purchase handguns. Justice Antonin Scalia, writing for the majority, applied New York v. United States to show that the act violated the Tenth Amendment. Since the act "forced participation of the State's executive in the actual ...
t. e. Article Four of the United States Constitution outlines the relationship between the various states, as well as the relationship between each state and the United States federal government. It also empowers Congress to admit new states and administer the territories and other federal lands. The Full Faith and Credit Clause requires states ...
The rule of law is a political ideal that all people and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. [2][3] It is sometimes stated simply as "no one is above the law". [4] The term rule of law is closely related to constitutionalism as well as Rechtsstaat.
v. t. e. In U.S. constitutional law, when a law infringes upon a fundamental constitutional right, the court may apply the strict scrutiny standard. Strict scrutiny holds the challenged law as presumptively invalid unless the government can demonstrate that the law or regulation is necessary to achieve a "compelling state interest".
The words "equal justice under law" paraphrase an earlier expression coined in 1891 by the Supreme Court. [7] [8] In the case of Caldwell v.Texas, Chief Justice Melville Fuller wrote on behalf of a unanimous Court as follows, regarding the Fourteenth Amendment: "the powers of the States in dealing with crime within their borders are not limited, but no State can deprive particular persons or ...
v. t. e. The rule according to a higher law is a statement which expresses that no law may be enforced by the government unless it conforms with certain universal principles (written or unwritten) of fairness, morality, and justice. [ 1 ] Thus, the rule according to a higher law may serve as a practical legal criterion to qualify the instances ...